The New York Probate Litigation Blog highlights the recently decided case of Estate of Joseph Menaham, in which a widow’s attempt to nullify a pre-nuptial agreement was rejected by the Surrogates’ Court. Prior to marriage, the wife, now a widow, was diagnosed, hospitalized and treated for a bipolar disorder. Following her release, she entered into...
AgreementsDomestic PartnershipPost Divorce IssuesSeparation AgreementsSettlement AgreementsSpousal MaintenanceDomestic Partnerships and the Continuation of Maintenance
August 1, 2007
Postings in two divorce and family law blogs highlight a growing conflict between the states on how to deal with a parties continuing obligation to pay alimony or maintenance, as it called in New York, if the former spouse enters into a domestic partnership. To frame the issue, what happens if you are obligated to...
AgreementsDivorceProperty DivisionSettlement Agreement Ambiguities Result in More Litigation
July 20, 2007
The Appellate Division in Walker v. Walker provides us with yet another lesson on the importance of carefully drafting martial agreements. In Walker, the parties, in an oral stipulation of settlement, agreed to divide a 75 acre property. The stipulation specifically provided that defendant "would be entitled to one-half or 37½; acres off the westerly...
AgreementsChild CustodyChild SupportA New York Time Columnist Gets It Wrong: Pre-Nuptial Child Custody Provisions Violate Public Policy
July 18, 2007
James Andrew Miller wrote a compelling op-ed piece in the New York Times, theorizing that expensive and heart wrenching custody battles could be avoided if parties intending to marry, merely entered into a pre marital agreement. He details the understandable outrage of friends, told by their soon to be ex-spouses that they would be allowed...
AgreementsDivorceProperty DivisionCourt Provides a Primer on Pre-Nuptial Agreements and Enforces a 40 Year Old Agreement
July 17, 2007
The Appellate Division in Van Kipnis v. Van Kipnis enforced a pre-nuptial agreement which the parties entered into in France in 1965. The agreement provided that “Each spouse shall retain ownership and possession of the chattels and real property that he/she may own at this time or may come to own subsequently by any means...
AgreementsDivorceMarriageProperty DivisionStatute of Limitation on Pre-Nuptial Agreements Tolled Until Divorce Action Commenced
July 10, 2007
Governor Spitzer signed into law, this week, a bill amending Domestic Relations Law §250, tolling the three year statute of limitations for commencing an action or asserting a defense that arises from a pre-nuptial or post nuptial agreement until service of process has been completed in a divorce action or until one of the parties...
AgreementsChild SupportA Parent’s Obligation to Pay for College Does Not Include Graduate Studies
June 27, 2007
A father, who had agreed to contribute to his child’s college education, was not responsible for contributing to the costs of the child’s post-graduate degree. In the recently decided case of Robinson v. Gerny (New York Law Journal) (subscription required), the Court ruled that “The word ‘college’ denotes attendance at an undergraduate program resulting in...
The Oklahoma Family Law Blog highlights some of the basic tax concerns that need be considered in connection with divorce. • Alimony is taxable and deductible. The person who provides alimony can claim the payments as a deduction, while the person who receives it can avoid a large end-of-year tax bill by paying estimated taxes...
The Wall Street Journal in an article entitled Divorce: Counting Money Gets Tougher, highlights the common mistakes made by unwary litigants. These mistakes can have dire tax consequences. Some common blunders: Dividing a stock portfolio down the middle without checking for losses or gains — which can trigger either a tax break or a big...
The Financial Times reports that there is a growing trend for post nuptial agreements. Like the pre-nuptial agreement, the post-nuptial agreement sets out the parties’ rights, obligations and liabilities upon the termination of marriage by either death or divorce. The only difference between the two marital agreements is that the post-nuptial agreement is executed sometime after...
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